Terms & Conditions
These Terms and Conditions of Use and Sale (“Terms”) govern your access to and use of the website – www.indianterrain.com (“Website”) and the purchase of products made available through the Website. The Website is owned and operated by Indian Terrain Fashions Limited (under the Brand Name “Indian Terrain”).
By accessing, browsing, registering on, or purchasing any product through the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with the Privacy Policy, Shipping Policy, Return and Refund Policy, Cancellation Policy and any other policies or terms displayed on the Website, as amended from time to time. If you do not agree to these Terms, you are kindly requested not to use the Website or place an order through the Website.
Definitions
For the purposes of these Terms:
“Account” means the account created by a customer on the Website for accessing certain features and/or placing orders.
“Applicable Law” means all applicable laws, statutes, ordinances, rules, regulations, notifications, circulars, guidelines, directions, orders and governmental requirements applicable to the Website, the Company, the Products and/or the transaction, as amended from time to time.
“Customer”, “You” or “Your” means any individual accessing or purchasing Products through the Website.
“Product” means any garment, apparel, clothing, fashion accessory or other merchandise displayed and offered for sale on the Website.
“Order” means a request placed by you through the Website for purchase of one or more Products.
“Order Confirmation” means the electronic communication issued by the Company acknowledging receipt of an Order.
“Price” means the price displayed against a Product on the Website, subject to applicable taxes, delivery charges, discounts and other applicable charges.
“Policies” means the Privacy Policy, Shipping Policy, Cancellation Policy, Return & Refund Policy, Exchange Policy and any other policies published on the Website.
Eligibility to use the website
The Website is intended primarily for persons who are legally competent to contract under applicable Indian law.
By using the Website, you represent and warrant that:
- (a)you have the legal capacity to enter into a binding contract;
- (b)all information provided by you is true, accurate, complete and current;
- (c)you are not prohibited from accessing or using the Website under Applicable Law; and
- (d)where you place an Order on behalf of another person or entity, you are duly authorised to do so.
If you are below the age at which you can independently enter into a legally binding contract, you may use the Website only with the involvement, supervision and consent of your parent or lawful guardian.
Website access and acceptance of terms
Your access to and use of the Website constitutes acceptance of these Terms. The Company may modify, amend, supplement or replace these Terms at any time. The revised Terms shall become effective upon publication on the Website, unless otherwise specified. You are responsible for periodically reviewing the Terms. Continued use of the Website after publication of amendments shall constitute acceptance of the revised Terms. However, any Order already accepted by the Company shall, unless otherwise required by Applicable Law, be governed by the Terms applicable at the time the Order was accepted.
Website information
The Company endeavours to ensure that Product descriptions, images, colours, specifications, measurements, availability and prices displayed on the Website are accurate and current.
However, certain variations may occur due to:
- (a)screen/display settings;
- (b)photographic lighting;
- (c)manufacturing or finishing characteristics;
- (d)fabric characteristics;
- (e)colour reproduction;
- (f)minor measurement variations; or
- (g)typographical or technical errors.
Product images are for representational purposes and actual Products may vary slightly in appearance, colour, texture or finish. Such reasonable variations shall not constitute a defect where the Product otherwise conforms to the description and specifications provided on the Website. Where there is a material error in the description, specification or price of a Product, the Company reserves the right to correct such error and, where appropriate, cancel the affected Order and refund amounts received from the Customer.
Product information
The Company shall endeavour to provide appropriate Product information including, where applicable like Product name, brand, material/fabric composition, size, colour, quantity, MRP, applicable taxes, country of manufacture, care instructions, size chart, return/exchange eligibility and other legally required declarations. Customers are advised to carefully review the same before placing an Order. The Company shall not be responsible for a Customer selecting an incorrect size, colour or variant where the Product supplied corresponds to the selection made by the Customer.
Pricing
All prices displayed on the Website shall be in Indian Rupees (INR), unless expressly stated otherwise. Prices shall be inclusive or exclusive of applicable taxes as expressly indicated on the Website. Applicable taxes, duties, levies or other statutory charges, where applicable, shall be charged in accordance with Applicable Law. Delivery/shipping charges, where applicable, shall be displayed before completion of the Order.
The Company reserves the right to change Product prices at any time before acceptance of an Order. Any change in price shall not affect an Order that has already been accepted, except where the Order is cancelled due to an obvious technical or pricing error or where otherwise permitted by Applicable Law. The Company shall not manipulate Product prices in a manner prohibited under Applicable Law. Discounts, promotions, offers and sale prices shall be subject to their specific terms and conditions.
Maximum retail price
Where applicable, Products shall be sold in accordance with the requirements of Applicable Law relating to Maximum Retail Price (“MRP”). The Customer shall not be charged an amount exceeding the legally permissible MRP, except where specifically permitted under Applicable Law. Any discount from MRP shall be clearly communicated where applicable. Nothing contained in these Terms shall restrict any statutory right available to a consumer in relation to pricing, MRP or unfair trade practices.
Orders
Customers may place Orders by selecting the desired Product, size, colour, quantity and other applicable specifications and completing the checkout process. Before placing an Order, the Customer shall verify the Product, size, colour, quantity, delivery address, billing details, applicable charges and total Order value.
Placing an Order constitutes an offer by the Customer to purchase the selected Products. Receipt of an Order acknowledgement does not by itself constitute acceptance of the Order. The Company may accept or reject an Order at its discretion, subject to Applicable Law. An Order shall be deemed accepted when the Company sends an Order Confirmation or otherwise expressly confirms acceptance.
Order limitations
The Company may impose reasonable limits on the quantity of Products that may be purchased in a single Order. Such restrictions may apply particularly to promotional Products, limited-edition Products, high-demand Products or Products subject to limited inventory. The Company reserves the right to cancel Orders that appear to have been placed for resale, bulk commercial exploitation or other purposes inconsistent with the intended consumer purchase model, subject to Applicable Law.
Payment
Payment may be made through the payment methods made available on the Website. The Company may use third-party payment gateways and payment service providers. Customers agree to comply with the terms and conditions applicable to the relevant payment method. The Company does not ordinarily receive or store complete payment-card information where payment is processed through a third-party payment gateway, except to the extent permitted by Applicable Law and the applicable payment service provider's systems.
An Order shall ordinarily be processed only after successful payment authorisation, unless Cash on Delivery or another payment method is expressly offered. The Company shall not be responsible for delays or failures caused solely by banks, payment gateways, card networks or other third-party payment service providers. Any dispute concerning an unauthorised payment should also be promptly reported to the relevant bank/payment service provider.
Electronic records and communications
By using the Website, you consent to receive communications electronically, including:
- (a)Order confirmations;
- (b)invoices;
- (c)payment notifications;
- (d)shipping updates;
- (e)delivery notifications;
- (f)cancellation notifications;
- (g)refund notifications;
- (h)service communications;
- (i)account-related communications; and
- (j)other communications necessary for fulfilment of transactions.
Electronic communications may be sent by e-mail, SMS, telephone, WhatsApp or other permitted electronic means, subject to Applicable Law and your preferences. Electronic records maintained by the Company may be relied upon as evidence of transactions, subject to Applicable Law.
Delivery and shipping
The Company shall endeavour to deliver Products within the estimated delivery period communicated at the time of purchase.
Delivery timelines are estimates and may vary due to:
- (a)logistics delays;
- (b)weather;
- (c)strikes;
- (d)natural disasters;
- (e)government restrictions;
- (f)public holidays;
- (g)transportation disruptions;
- (h)incorrect or incomplete delivery information; or
- (i)events beyond the Company's reasonable control.
The Company shall not be liable for delays caused solely by circumstances beyond its reasonable control. Delivery shall ordinarily be made to the address specified by the Customer at checkout. Customers shall ensure that the delivery address and contact details are accurate. Where delivery cannot be completed because of an incorrect address, absence of the Customer, refusal to accept delivery or other circumstances attributable to the Customer, additional delivery attempts or charges may apply where legally permissible.
Inspection on delivery
Customers are advised to inspect the outer packaging at the time of delivery. Where the package appears materially damaged, tampered with or otherwise compromised, the Customer should notify the delivery personnel and contact the Company's customer support promptly.
The Customer should retain photographs, videos, packaging material, labels, invoices and other evidence where a Product is claimed to be damaged, defective, incorrect or incomplete. Failure to inspect the package shall not, by itself, extinguish any statutory rights available to the Customer. However, the decision regarding the same shall vest with the Company.
Returns
Returns shall be permitted only in accordance with the Company's applicable Return Policy and subject to Applicable Law.
Exchange
Exchange of Products shall be governed by the applicable Exchange Policy.
Exchange may be subject to:
- (a)availability of the replacement size/colour;
- (b)eligibility of the Product;
- (c)applicable time limits;
- (d)Product condition requirements; and
- (e)other reasonable conditions disclosed at the time of purchase.
Where the requested replacement Product is unavailable, the Customer may be offered another remedy in accordance with the Company's applicable policy and Applicable Law.
Refunds
Where a refund is due, the Company shall process the refund in accordance with the applicable Refund Policy and Applicable Law. Refunds may be made through the original payment method or another legally permissible method.
Cancellation by customer
Customers may cancel an Order only within the period and subject to the conditions specified in the Cancellation Policy. Once an Order has been dispatched, cancellation may not be available except where required by Applicable Law or expressly permitted under the applicable. Where an Order is successfully cancelled, any eligible refund shall be processed in accordance with the Refund Policy.
Cancellation by company
The Company may cancel an Order, subject to Applicable Law, where:
- (a)the Product is unavailable;
- (b)there is an obvious technical error;
- (c)the Product has been incorrectly priced;
- (d)fraudulent activity is suspected;
- (e)the Customer has violated these Terms;
- (f)the delivery location is not serviceable;
- (g)payment cannot be verified;
- (h)the Product has been recalled;
- (i)the Order has been placed in violation of applicable quantity restrictions; or
- (j)cancellation is otherwise required or permitted by law.
In case an accepted Order is cancelled by the Company for reasons attributable to the Company, amounts received from the Customer shall be refunded in accordance with the applicable Refund Policy and Applicable Law.
Product defects and consumer rights
The Company shall investigate genuine complaints concerning on the Product and provide an appropriate remedy in accordance with Applicable Law and its policies.
Garment-specific conditions
Customers should carefully follow the care and washing instructions supplied with each Product. Colour bleeding, shrinkage, fading or changes caused by failure to follow specified care instructions may not constitute a manufacturing defect. Normal characteristics of fabrics, including minor variations in texture, weave, colour or finish, shall not necessarily constitute defects. Products involving special finishes, embellishments, prints, embroidery, denim treatments or other manufacturing characteristics may require specific care. Size charts are intended as guidance. Minor manufacturing tolerances may occur. Where a Product has a specific fit, cut or silhouette, the relevant Product description and size information should be reviewed before purchase.
Legal metrology and product declarations
The Company shall endeavour to ensure that applicable mandatory declarations relating to packaged Products are provided in accordance with Applicable Law.
Such declarations may include, where applicable:
- (a)name and address of manufacturer/packer/importer;
- (b)generic/common name of the Product;
- (c)net quantity;
- (d)MRP;
- (e)month and year of manufacture/packing/import;
- (f)consumer-care/customer-care contact information;
- (g)size and other garment-specific declarations; and
- (h)other declarations required by law.
Applicable declarations may appear on the Product, packaging, label, invoice, Website or other legally permissible location.
Taxes and invoicing
The Goods and Services Tax (“GST”) and other applicable taxes shall be charged in accordance with prevailing Laws. A tax invoice or other applicable transaction document shall be issued in accordance with Applicable Law. Customers shall provide accurate billing information, including GSTIN where applicable and where the Customer is entitled/required to provide such information. The Company shall not be responsible for consequences arising from incorrect information provided by the Customer.
Promotional offers and discounts
Promotional offers, discount codes, coupons and other schemes shall be subject to their specific terms.
Unless expressly stated otherwise:
- (a)promotional offers cannot be exchanged for cash;
- (b)offers cannot be transferred;
- (c)multiple offers may not be clubbed;
- (d)offers may be subject to minimum purchase values; and
- (e)offers may be restricted to specified Products, customers or periods.
Gift cards and vouchers
Where gift cards, vouchers or promotional credits are offered:
- (a)their validity shall be specified;
- (b)applicable restrictions shall be disclosed;
- (c)they shall not be redeemable for cash unless required by law;
- (d)lost or stolen gift cards may not be replaced except in accordance with applicable policy; and
- (e)applicable regulatory requirements shall prevail.
Intellectual property
All intellectual property rights in the Website and its contents, including trademarks, logos, brand names, photographs, product images, graphics, text, designs, videos, software, layouts, databases and other content belong to or are lawfully used by the Company.
No Customer shall reproduce, copy, modify, distribute, publish, transmit, sell, license or commercially exploit Website content. Nothing contained in these Terms grants the Customer any ownership rights in the Company's intellectual property.
Acceptable use
You shall not:
- (a)use the Website for any unlawful purpose;
- (b)attempt to gain unauthorised access to the Website;
- (c)interfere with Website security;
- (d)introduce malware, viruses or malicious code;
- (e)scrape or systematically extract Website content without permission;
- (f)use automated systems to place fraudulent Orders;
- (g)impersonate another person;
- (h)submit false information;
- (i)abuse promotional offers;
- (j)use stolen payment credentials;
- (k)engage in fraudulent transactions;
- (l)reverse engineer Website software except to the extent permitted by law; or
- (m)otherwise interfere with the proper operation of the Website.
User account
Where an Account is created, the Customer shall maintain the confidentiality of login credentials. Customers are responsible for activities conducted through their Account. Customers shall promptly notify the Company of suspected unauthorised access. The Company may suspend or terminate an Account where it reasonably believes that the Account is being used fraudulently, unlawfully or in violation of these Terms.
Customer reviews and user content
Customers may be permitted to submit reviews, comments, photographs or other content.
Customers represent that submitted content:
- (a)is truthful and based on genuine experience;
- (b)does not infringe third-party rights;
- (c)does not contain unlawful, defamatory, obscene, abusive or fraudulent material;
- (d)does not contain malware or malicious code; and
- (e)does not violate Applicable Law.
The Company may moderate, reject, remove or restrict User Content where reasonably necessary. Customers shall not submit fake reviews, paid reviews presented as genuine experiences, misleading reviews or content designed to manipulate Product ratings.
Where legally permissible, the Customer grants the Company a non-exclusive, royalty-free licence to use submitted content for operating, promoting and improving the Website and Products, subject to the Privacy Policy and Applicable Law.
Reviews and ratings
Product ratings and reviews represent the opinions and experiences of individual customers and do not necessarily represent the views of the Company. The Company may implement reasonable measures to prevent fraudulent or manipulated reviews. The Company shall not knowingly publish fabricated reviews as genuine customer reviews.
Third-party services
The Website may integrate third-party services including:
- (a)payment gateways;
- (b)logistics providers;
- (c)analytics providers;
- (d)communication providers;
- (e)social-media services;
- (f)customer-support systems; and
- (g)technology service providers.
Use of third-party services may be subject to the relevant third party's terms and policies. The Company shall not be responsible for matters exclusively attributable to a third-party service provider, subject to Applicable Law.
Privacy and personal data
The Company may collect and process personal data in connection with use of the Website and purchase of Products.
Such processing shall be governed by the Company's Privacy Policy and Applicable Law, including the Digital Personal Data Protection Act, 2023 and applicable rules/provisions as and when applicable to the relevant processing activity.
Personal data may include, as applicable:
- (a)name;
- (b)mobile number;
- (c)e-mail address;
- (d)billing address;
- (e)shipping address;
- (f)payment-related information;
- (g)order history;
- (h)account information;
- (i)customer service communications; and
- (j)other information lawfully collected.
Personal data with wherever consent is required shall be processed only for lawful and disclosed purposes and in accordance with Applicable Law. Customers may have rights relating to their personal data, including rights to access, correction, withdrawal of consent, grievance redressal and other rights to the extent provided by Applicable Law. Withdrawal of consent shall not affect processing that is otherwise permitted or required by law. The Company's Privacy Policy shall form an integral part of these Terms.
Cookies
The Website may use cookies and similar technologies for purposes including:
- (a)Website functionality;
- (b)security;
- (c)session management;
- (d)analytics;
- (e)personalisation;
- (f)improving user experience; and
- (g)marketing, where permitted.
The use of cookies shall be subject to Applicable Law and the Company's applicable privacy/cookie disclosures.
Marketing communications
The Company may communicate promotional information to Customers where the necessary legal basis/consent exists. Customers may opt out of promotional communications through the available unsubscribe mechanism or other mechanism provided by the Company. Transactional and service communications necessary for fulfilling Orders may continue notwithstanding withdrawal from promotional communications.
Cyber security
The Company shall implement reasonable security measures appropriate to the nature of the Website and information processed. No electronic transmission or storage system can be guaranteed to be completely secure.
Customers shall also take reasonable precautions including:
- (a)using secure passwords;
- (b)not sharing login credentials;
- (c)using secure devices;
- (d)keeping devices and browsers updated; and
- (e)promptly reporting suspicious activity.
Fraud prevention
The Company may implement reasonable fraud-prevention mechanisms. The Orders may be subject to verification. Any action shall be undertaken subject to Applicable Law and the Customer's statutory rights.
The Company may cancel, restrict or investigate transactions where it reasonably suspects:
- (a)payment fraud;
- (b)identity fraud;
- (c)promotional abuse;
- (d)account abuse;
- (e)unauthorised transactions;
- (f)bulk/resale abuse; or
- (g)other unlawful activity.
Prohibited commercial use
Unless expressly authorised by the Company, Products purchased through the Website are intended for personal/consumer use and not for unauthorised commercial resale. The Company reserves the right, subject to Applicable Law, to restrict Orders that appear to involve systematic resale, automated purchasing, bulk procurement for resale or abuse of promotional schemes.
Availability of products
Product availability displayed on the Website may change without notice. Adding a Product to a shopping cart does not guarantee availability. A Product shall be reserved for the Customer only upon such confirmation as may be specified by the Website. In the event of unavailability after Order placement, the Company may cancel the affected Product/Order and process an applicable refund.
Force majeure
Where required, the Company shall take reasonable steps to mitigate the effects of such circumstances. The Company shall not be responsible for delay or failure in performance caused by events beyond its reasonable control, including:
- (a)natural disasters;
- (b)floods;
- (c)earthquakes;
- (d)fire;
- (e)epidemic/pandemic;
- (f)war;
- (g)terrorism;
- (h)civil disturbances;
- (i)governmental restrictions;
- (j)strikes;
- (k)transportation disruption;
- (l)telecommunications failures;
- (m)cyber incidents;
- (n)supply-chain disruptions; or
- (o)other events beyond reasonable control.
Disclaimer
The Website and its content are provided subject to Applicable Law. Nothing in these Terms excludes or restricts any consumer right, statutory warranty, liability or remedy that cannot legally be excluded.
The Company endeavours to maintain continuous Website availability. The Company does not guarantee uninterrupted or error-free operation at all times.
However, temporary interruptions may occur due to:
- (a)maintenance;
- (b)upgrades;
- (c)technical failures;
- (d)cyber incidents;
- (e)telecommunications failures;
- (f)hosting failures;
- (g)circumstances beyond the Company's reasonable control.
- (h)the Website will be compatible with every device or browser.
Limitation of liability
To the maximum extent permitted by Applicable Law, the Company shall not be liable for indirect, incidental, special or consequential losses arising from use of the Website. Nothing in these Terms shall exclude or limit liability for matters that cannot lawfully be excluded or limited, including liability arising under mandatory consumer-protection provisions. Nothing herein shall prevent a consumer from exercising any statutory remedy available under Applicable Law.
Indemnity
To the extent permitted by Applicable Law, the Customer agrees to indemnify and hold harmless the Company, its directors, officers, employees, affiliates and service providers against losses, claims, liabilities, costs or expenses arising from:
- (a)fraudulent use of the Website by the Customer;
- (b)violation of these Terms;
- (c)unlawful activities undertaken by the Customer;
- (d)infringement of third-party rights through Customer-submitted content; or
- (e)misuse of the Website.
This clause shall not apply to the extent the claim arises from the Company's own negligence, wilful misconduct or violation of Applicable Law.
Suspension or termination
The Company may suspend or terminate access to the Website where reasonably necessary due to:
- (a)unlawful activity;
- (b)fraud;
- (c)security risks;
- (d)misuse;
- (e)violation of these Terms; or
- (f)technical or regulatory requirements.
Such suspension shall not affect rights or obligations that accrued before suspension or termination.
Severability
If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall, to the extent legally permissible, be modified or severed and the remaining provisions shall continue in full force and effect.
Waiver
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision subsequently.
Assignment
The Customer shall not assign or transfer rights or obligations under these Terms without the Company's prior written consent, except where such restriction is prohibited by Applicable Law. The Company may assign or transfer its rights and obligations in connection with the Website or business, subject to Applicable Law.
Governing law
These Terms shall be governed by and interpreted in accordance with the laws of India. Nothing contained herein shall restrict any statutory jurisdiction or remedy available to a consumer under Applicable Law.
Dispute resolution
The Company encourages Customers to first contact the Company’s officials to resolve any complaint or dispute. Where legally permissible and mutually agreed, the parties may attempt to resolve disputes through mutual discussion
Changes to products and policies
The Company may modify, discontinue or replace Products, Product specifications, Website features or policies from time to time. Such changes shall not affect rights already accrued in respect of an accepted Order, except where permitted or required.
Customer support
For assistance relating to Orders, Products, delivery, returns, exchanges, refunds or other Website matters,
Customer Care:
E-mail: support@indianterrain.com Telephone: +91 9990904222
Working Hours: 10:00 AM to 7:00 PM, Monday to Saturday